Bill Text: NY A06002 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits the operation of all-terrain vehicles by the general public in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve; grants exceptions for the disabled, official purposes and law enforcement; provides for the impoundment of all-terrain vehicles operated in violation of such provisions and the imposition of a $100 surcharge upon the owner thereof; provides for the deposit of such surcharges into a separate all-terrain vehicle enforcement fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to tourism, parks, arts and sports development [A06002 Detail]
Download: New_York-2017-A06002-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 4600 A. 6002 2017-2018 Regular Sessions SENATE - ASSEMBLY February 21, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Develop- ment AN ACT to amend the environmental conservation law, in relation to prohibiting the use of all-terrain vehicles within the forest preserve, the Long Island central pine barrens and the Albany pine bush preserve, and providing penalties for violations of all-terrain vehicle laws in such sensitive areas The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 9-0303 of the environmental conservation law is 2 amended by adding a new subdivision 8 to read as follows: 3 8. All-terrain vehicles. a. For the purposes of this subdivision: 4 (i) "All-terrain vehicle" shall mean a motor vehicle which is manufac- 5 tured for operation primarily for off-highway use or off-highway compe- 6 titions and only incidentally operated on public highways; provided, 7 however, such term shall not include a snowmobile. 8 (ii) "Snowmobile" shall mean a motor vehicle designed for travel on 9 snow or ice by means of a combination of tracks and a ski or skis. 10 b. Notwithstanding any other provision of law to the contrary, the use 11 of all-terrain vehicles by the general public within the forest preserve 12 is prohibited. 13 c. A qualified person with a disability to whom the department has 14 issued a nontransferable temporary revocable permit providing motor 15 vehicle access to certain state lands under the jurisdiction of the 16 department may use an all-terrain vehicle pursuant to the terms and 17 conditions of such permit. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03167-01-7S. 4600 2 A. 6002 1 d. Employees of the department may use all-terrain vehicles for appro- 2 priate administrative purposes where necessary and consistent with the 3 provisions of the Adirondack park state land master plan or the Catskill 4 park state land master plan. The department shall not delegate its 5 authority pursuant to this paragraph. 6 e. All-terrain vehicles may be used by appropriate officials where 7 necessary for law enforcement. 8 f. All-terrain vehicles may be used, by or under the supervision of 9 appropriate officials, in cases of sudden, actual and ongoing emergen- 10 cies that involved the protection or preservation of human life or 11 intrinsic resource values, and that involve search and rescue oper- 12 ations, forest fires or large-scale contamination of water bodies. 13 § 2. Subparagraph (v) of paragraph a of subdivision 2 of section 14 46-0111 of the environmental conservation law, as added by chapter 792 15 of the laws of 1988, is amended to read as follows: 16 (v) other recreational uses; provided, however, that, notwithstanding 17 any other provision of law to the contrary, the use of all-terrain vehi- 18 cles by the general public within the Albany Pine Bush preserve is 19 prohibited. 20 § 3. Paragraph (d) of subdivision 2 of section 57-0121 of the environ- 21 mental conservation law, as added by chapter 262 of the laws of 1993, is 22 amended to read as follows: 23 (d) promote active and passive recreational and environmental educa- 24 tional uses that are consistent with the land use plan; provided, howev- 25 er, that, notwithstanding any other provision of law to the contrary, 26 the use of all-terrain vehicles by the general public within the Central 27 Pine Barrens area is prohibited; and 28 § 4. The environmental conservation law is amended by adding a new 29 section 71-0717 to read as follows: 30 § 71-0717. Additional all-terrain vehicle enforcement on sensitive state 31 lands. 32 1. In addition to the penalties set forth in subdivision one of 33 section 71-0703 of this title, and sections 71-4001 and 71-4003 of this 34 article, a police officer or peace officer may immediately impound any 35 all-terrain vehicle operated in violation of subdivision eight of 36 section 9-0303, paragraph (d) of subdivision two of section 57-0121 or 37 subparagraph (v) of paragraph a of subdivision two of section 46-0111 of 38 this chapter. Such impounded all-terrain vehicle shall be processed 39 consistent with the provisions of section five hundred eleven-b of the 40 vehicle and traffic law; provided, however, that a surcharge of one 41 hundred dollars shall be paid by the owner of such vehicle, and monies 42 therefrom shall be deposited into a separate, non-lapsing all-terrain 43 vehicle enforcement fund of the impounding law enforcement agency, 44 except as provided by subdivision two of this section. 45 2. Where the impounding officer is a peace officer employed by the 46 department, the environmental regulatory account of the environmental 47 conservation special revenue fund shall be credited with the monies 48 received from the surcharge required by subdivision one of this section. 49 Monies collected pursuant to this subdivision shall be made available to 50 the department for the purpose of enforcing all-terrain vehicle laws 51 applicable to the forest preserve, Long Island Central Pine Barrens area 52 and the Albany Pine Bush preserve. 53 § 5. Nothing in this act shall be deemed to limit the authority of any 54 county, city, town or village to adopt or amend any local law or ordi- 55 nance which imposes stricter restrictions and conditions on the opera- 56 tion of all-terrain vehicles than are provided or authorized by thisS. 4600 3 A. 6002 1 act, so long as such local law or ordinance is consistent with the 2 authority to protect the order, conduct, health, safety and general 3 welfare of persons or property. Nothing in this act shall be deemed to 4 alter or invalidate any local law or ordinance in effect on the effec- 5 tive date of this act. 6 § 6. This act shall take effect immediately.
